Democrat and Chronicle from Rochester, New York • Page 4

FRIDAY JULY 10. 1987 ROCHESTER NEW YORK SECTIOIJ 2B BRIEFING 58 NEW YORK 6B DEATHS 7B COMICS 0 Democrat ano (fhronidt LiU 0 VAYIIE DEPUTY RESIGNS A Wayne County sheriffs deputy, who was suspended after allegations that he submitted false time cards to another police department, resigned yesterday. Story, 48. testeir waSeir-plairafl MB die OS town of Conesus. The district also is demanding that Rochester promise never to sue Livingston County towns over tax assessments on city-owned land along Hemlock Lake-Ryan said unless the school district drops the demands, he will not return to the negotiating table.

"We can't forfeit that right In simple terms, that's not good-faith negotiating. That's blackmail," Ryan said. "We're getting sick of the city of Rochester suing us," Conesus Town Supervisor Daniel Mulvaney said He said if Rochester was given a tax break, Conesus would be one of the towns to have to pay more taxes to the Livonia school district tainly understand his decision. "I may not agree with it I may not like it but I can certainly understand it "But if we had a negotiated agreement we wouldn't need the legislation," Ryan said. The state Health Department has threatened to fine Rochester up to $1,000 a day unless it takes steps to build a filtration plant to prevent recurring water problems.

One of the major stumbling blocks to a negotiated agreement between the city and Livingston County officials involves the Livonia Central School District The district has demanded that the city drop its appeal against a court decision upholding a property tax assessment by the FTT Divers find body of man, 19, in Little Sodus Bay FAIR HAVEN After a two-day search, police divers found the body yesterday of a 19-year-old Newark man who drowned in Little Sodus Bay earlier this week. Robert J. Goebel, of 1034 Plain St, was found floating near the surface of the bay abut 100 yards off the shore along Bell Avenue in this Cayuga County village, where police believe he apparently fell off a 24-foot craft about 2 a.m. Tuesday. Divers from state police and the Cayuga County Sheriffs Department had been searching the bay since the accident, but had not been able to locate, the body because of murky water and thick weeds, said state police Investigator Patrick Sullivan.

Goebel, who was recovering from a serious leg injury and couldn't swim, had been boating with his friend, Rodney Finewood, 34, also of Newark, when Goebel fell overboard. Finewood, who was charged with operating a boat while intoxicated, had fallen in the bay a few seconds earlier while he was checking to see if weeds were caught in the engine's propeller. Goebel's body was taken to Auburn Memorial Hospital, where an autopsy was scheduled for today. Carlton woman killed in crash with truck ALBION A 61-year-old Carlton woman was killed yesterday when she drove her car broadside into a dump truck. The woman's identity couldn't be released last night because relatives hadn't been notified of her death, Orleans County sheriffs deputies said.

The woman was driving south on Route 98 and signaling a right turn on to County House Road, deputies said. Another driver, Charles H. Sevor 30, of 13521 Waterport-Carlton Road, Carlton, saw her begin turning and pulled into the intersection to make a left turn. The woman then pulled her car back onto Route 98 and broadsided the truck in the intersection, deputies said. The woman was pronounced dead on arrival at Arnold Gregory Memorial Hospital in Albion.

Sevor wasn't hurt Search for Elma youth resumes at Letchworth CASTILE Letchworth State Park police this morning will resume their search for a 15-year-old Erie County youth who was swept over the Lower Falls of the Genesee River Wednesday night Christopher Konter, 15, of Elma, was swimming in the river just before he was swept over the falls, said Ronald Foley, director of the Genesee Region State Parks Commission. Konter's two companions, Mary Jo Mannin, 16, and John Burrows, 19, also of Elma, "saw him start back about 8:45 p.m., then stop," Foley said. "They saw him go over, sitting up, and from that point nobody has seen him again." The river is only about four feet deep at the lip of the falls, but the river was unseasonably swollen by recent rains, making the current so swift that it would be difficult if not impossible to stand up in it, Foley said. Below the 35-foot-high falls, the river deepens to about 60 feet Swimming in the Genesee is forbidden in the park. The last drowning in the river was about three years ago.

time being," said Volker, who represents Livingston County. Volker, R-Depew, said he will not support the bill unless city and Livingston County officials can work out an agreement over the tax status of the proposed filtration plant and city-owned land around Hemlock Lake. "I represent Livingston County and to support the bill would put me in an obviously difficult position," Volker said. The Legislature is expected to recess this weekend for the summer. Volker said he will urge city and Livingston officials to negotiate an agreement before the Legislature returns this fall' "I'm disappointed," said Rochester Mayor Thomas P.

Ryan Jr. "I can cer Chillin' out i' If 1 ft 't Livingston senator won't back plan By Todd Llghry Democrat and Chronicle A bill that would have given the city of Rochester an annual $500,000 tax exemption on its proposed water filtration plant near Hemlock Lake has died in the state Legislature. State Sea Dale Volker a member of the Senate's majority Republican caucus and whose support was considered essential said yesterday he will not back the bill. "I'm afraid it's dead, at least for the the ninsnov; 30-minute flight lags predicted By Craig Gordon Democrat and Chronicle People who plan to use the Greater Rochester International Airport this weekend for commercial flights could face delays of a half hour and heavy traffic on roads around the airport because of the Genesee Valley Airshow. The airport will be closed and commercial flights suspended for brief periods six or seven times tomorrow and Sunday for the two-day airshow, and airport and airline officials said that could mean delays.

Airport manager Sam Cooper urged passengers to call their airlines to double-check their weekend arrival or departure times and then go to the airport a half-hour earlier than usual to allow plenty of time. Some airlines are scheduling flights around tha closings and notifying passengers if their flights will leave earner than scheduled, he said. Others, like Piedmont, changed their schedules four weeks ago and booked flight times around the airshow so the flights probably won't be delayed now, said Cecil Sayre, Piedmont's Rochester station manager. "By doing it so far in advance we got the great majority of all the changes before most people had made any plans," Sayre said. "I don't think it inconvenienced a great amount of people because of that-Piedmont cancelled two flights entirely and rescheduled at least six others, he said.

USAir isn't rescheduling any of its flights, but about four flights a day during airshows might be delayed up to a half-hour, said Terence Harris, USAir's district sales manager. Cooper said all regular airport parking lots will be available for customers, but warned that other delays could arise because of heavy traffic in the area. Thousands expected for air show Democrat and Chronicle Thousands of Rochester-area residents are expected to attend the Genesee Valley Airshow tomorrow and Sunday at the Greater Rochester International Airport Proceeds from the show will benefit Camp Good Days and Special Times, a local non-profit organization that runs a camp for kids with cancer and other programs. The show, which will be located on the Scottsville Road side of the airport, will feature the United States Air Force Thunderbirds at 3 p.m. on Sunday and the world's smallest jet at 2:50 p.m.

tomorrow and 1 p.m. Sunday. I it, A1 Ci Little effect seen here im (resuscitation legislation State bill similar to policies local hospitals already use By Laura Buterbaugh Democrat and Chronicle A bill making New York the first state with guidelines on when a patient should be resuscitated after suffering cardiac or respiratory arrest won't have much effect here. Health professionals say that's because Rochester-area hospitals already have policies similar to those in the bill, passed Wednesday by the state Senate and sent to Gov. Mario Cuomo.

"Rochester has been out in front on this issue," said Dr. Anthony Fedullo, medical director of Rochester General Hospital's coronary care and medical intensive care unite. "Our DNR policy is already used frequent-. ly." Cuomo has lobbied for the bill, which was recommended last year by his Task Force on Life and the Law. He is expected to sign it, according to a spokesman in his office, allowing the law to take effect April 1, 1988.

The bill, which applies to hospitals, nursing homes and mental health facilities, requires that all patients be revived unless the attending physician has obtained the patient's consent not to act In addition, the bill defines who can make a decision not to resuscitate a patient if that patient isn't competent and allows revocation of a DNR request It also provides criminal and civil immunity for health professionals who carry out a DNR order or accidentally resuscitate someone who has asked for a TURN TO PAGE 2B Orleans jurors convict Ayrhart of knife murder By Tony Robinson Democrat and Chronicle Harry Nelson Ayrhart was convicted by an Orleans County Court jury yesterday of second-degree murder for the brutal slaying of Randy Neal, his accomplice in a 1986 fur theft Ayrhart, 25, of 2726 Murdock Road, Ridgeway, also was convicted of first-degree burglary and fourth-degree criminal solicitation in the 1986 slashing murder of Neal and theft of furs from a man in Middleport, Niagara County. Neal's body was found by his mother in a second-floor bedroom of their home at 2862 Murdock Road on the morning of June 2, 1986. A coroner's report said he bled to death from 10 slash wounds to his arms, face and neck. Ayrhart "butchered him," Orleans County District Attorney James Punch said yesterday. "It was brutal" said he will seek the maximum sentence of 25 for Ayrhart essentially killed a witness, which is not a crime it's a cold, calculated attempt to beat the Punch said.

prosecution maintained Ayrhart murdered Neal him from providing evidence in the inveati- the March 1986 fur burglary. TURN TO PAGE 2B t.y. -m Webster Fire Department Capt. Keith Mason grimacing as he applies an ice pack to his neck while firefighter Bud Goddard prepares to do the same. The two were among several firefighters stricken with heat exhaustion yesterday while battling a fire at Golden Boys restaurant, 36 W.

Main Webster. TURN TO PAGE 2B C0RRECTI0H Timothy Barber, an 18-year-old Wayne County man killed Wednesday in a two-car accident on Route 104, was planning to attend Oakwood College in Alabama this fall An article in yesterday's Democrat and Chronicle gave the incorrect name of the school. CLARIFICATION A story in Wednesday's Democrat and Chronicle did not make it clear that lawyer Sheldon W. Boyce Jr. filed Scott J.

Shales' notice of claim against the city of Rochester on the same day Shales first contacted Boyce about the case. GOOD F.I0RFIHIG "On June 15th our dog wandered away from our yard. Being a member of our family for almost 14 years, we were very worried about him. "Our dog is back home now. We would like to thank secretary Linda Quadrozzi, and officers Edward Zi-garowicz and Robert Johnrow all of the Rochester Police Department's Lake Section for their assistance in helping us." The Sidmore Family, 416 Electric Ave.

you would like to salute someone for a good deed, call the Good Morning line, 258-2400. Lynn Hogan sentenced in fatal shooting of his brother Prosecutor portrays the feuding Allegany County twins as a competitive, modem-day Cain and Abel Otttto Franur Democrat and Chronicle while Scott was the opposite. Brautigam told the court that, in a statement to a guard in May, Lynn had said one reason for the shooting was that Scott was "a slob around the house." There were no witnesses to the shooting in the Hogan home on Fulmer Valley Road in the town of Wellsville. Hogan, now 31, told neighbors he had discovered his brother with a single bullet wound to his head. Lynn was arrested the day after the shooting and indicted for second-degree murder.

On May 27, with jury selection under way, the court accepted Hogan's plea to the lesser crime of manslaughter. Public Defender Judith Samber said it was to her client's credit that he had refused to consider an insanity defense. She previously had argued that the killing occurred when Lynn had suffered a psychotic episode suffering the delusion Punch years to life "He of passion; system," The to prevent gation of that his brother was out to kill him. And Samber contended yesterday that the prosecution and the court, by accepting the reduced plea, had acknowledged that Lynn had acted under "extreme emotional disturbance." But Feeman told Hogan the reduced plea was "a benefit already given to yon, the extent of the breaks necessary. It is my job to see that you stay off the streets." Feeman said he would attach to his sentence, for the benefit of the state authorities, an admonition to be "very careful" about releasing Hogan after he becomes eligible for parole after 8Vi years.

In court yesterday, Hogan was a good looking man. Court attendants said he had put on weight in jail His only words were, "No, your honor," when Feeman asked if he wanted to make a statement And if, as Lynn had said in one of his statements about the crime, he was worried that Scott was trying to get the whole inheritance, the judge said a call to any lawyer would have reassured him. "The irony is that if he (Lynn) could have gone to a lawyer, he never would have gone to his brother," said Feeman. Feeman wasn't alone in his disbelief of the motive. David Brautigam, the assistant special prosecutor, painted the killing of Scott Hogan as a kind of modern-day Cain and Abel story.

He said an investigation had established that Lynn was "jealous" of Scott and that the twins were "competitive over women." District Attorney James Euken, who had disqualified himself as prosecutor because he had represented Hogan as defense counsel in another case in 1984, said Lynn was obsessed with neatness By Bob Bickel Democrat and Chronicle BELMONT The love Lynn Hogan had for his twin brother, Scott, was mixed with hate. And the hate grew so great that on July 4, 1985, Lynn killed Scott At Lynn Hogan's sentencing yesterday, he got the maximum 8V3 to 25 years for first-degree manslaughter. But County Judge A. Wayne Feeman Jr. found the motive often heard in Allegany County for the killing that the twins were fighting over the division of their father's estate to be "beyond belief." The will of the twins' adoptive father, Harold, who had died about three months before the shooting, had clearly divided the estate equally between them, Feeman said.

The estate was not princely a house and about 60 acres of marginal farmland..